How Does Someone Qualify for Workers’ Compensation Benefits in Florida?

If you suffer an injury on the job, you report the injury within the deadline, and you follow state requirements, you may qualify for Workers’ Compensation benefits.

“You must follow all required steps in the process at the appropriate time.”

To get benefits, you must follow all required steps in the process at the appropriate time, we can help you file your claim within the strict deadlines so you do not miss out on benefits. Contact our attorneys today to discuss your claim.

How Soon Must I Report an Injury I Got on the Job?

You should file a report with your employer as soon as you realize you have a work-related illness or injury. If you do not report it within 30 days of when the incident occurred or a doctor told you that your condition was work-related, you may face a denial for benefits.

How Will I Know If My Employer Has Workers’ Compensation Coverage?

Nearly every Florida employer must carry Workers’ Compensation coverage. Under state law, you should have coverage if you work for:

Any other industry employer who has four or more full- or part-time employees;

The state or local government; or

A farmer who has more than five regular employees or more than twelve seasonal employees who work 30 days or more.

Some employees do not have coverage under state Workers’ Compensation, but they can still collect federal benefits for work-related illnesses or injuries. You may have federal Workers’ Compensation coverage if you are a longshoreman, harborworker, an employee of a railroad, or a federal defense contractor. We will explain the federal benefits to you, let you know what to expect, and handle the claims process for you.

What Benefits Can I Get If I Qualify?

There are three kinds of Workers’ Compensation benefits available. Our attorneys can help you understand these benefits when we review the facts of your case.

Under Workers’ Compensation laws, you may not be able to see your regular doctor for treatment. Your employer can authorize you to go to your physician for the initial visit when your injury first occurs, but after that, the insurance company will select the doctor who will treat you.

Make sure that everyone who provides medical care for your injury, including the emergency room, knows that your injuries happened on the job. They will need a contact name and phone number for either the insurance carrier or your employer.

Lost Wages and Disability Payments

The amount of money you can receive for lost wages and other monetary compensation will depend on your ability to work after your injury.

If you cannot do any work for a while, you may qualify for Temporary Total Disability (TTD). This benefit pays for between 66 2/3 and 80 percent of your regular wages—up to the state limit.

If you can work, but with temporarily restricted duties, you may qualify for Temporary Partial Disability (TPD). If the restrictions on your duties result in a pay cut such that you are making less than 80 percent of your previous wages, you may be eligible for benefits. TPD and TTD benefits can last up to 104 weeks.

If you have recuperated as much as you are going to and are still facing impairments, an evaluator will assign you a rating and give you Impairment Income Benefits (IIB). They will calculate the amount of money you get based on several factors, including the percentage of your permanent impairment rating.

If you will never be able to work again, you qualify for Permanent Total Disability (PTD). It is possible to receive permanent total disability benefits if, after your medical condition has improved as much as it is going to, you are never going to be able to do any work—even restricted work.

Death Benefits

When a person dies from a work-related injury within a year of the incident—or after spending five continuous years on disability—Florida law provides multiple forms of death benefits. The state will pay up to $7,500 of funeral expenses, educational benefits to the surviving spouse, and compensation to dependents, up to a combined limit of $150,000.

What Will My Lawyer Do for Me in My Workers’ Compensation Claim?

Our attorneys will take care of these things for you, so you can focus all your energies on recuperating from your work-related injury or illness. If your employer acted with gross negligence or your injury involved a third party, we can help you go after additional compensation for your injuries.

We will:

Evaluate your claim to see if you qualify for benefits;

Explain each step of the claims process to you;

Listen to and answer your questions and concerns;

Collect the medical and employer documents to prove your claim;

Contact the Workers’ Compensation insurance carrier if your employer refuses or fails to do so;

Analyze any settlement offers and negotiate on your behalf;

Read all proposed documents and advise you on the outcome of your claim; and

Take your claim as far as necessary to get you a fair settlement.

The Law Firm of Anidjar & Levine Can Help You Win Your Worker’s Compensation Claim.

At the Law Firm of Anidjar & Levine, we will negotiate directly with the Workers’ Compensation insurance carrier to try to settle your claim. If we do not reach a settlement, we will continue to take your claim through all available legal avenues until we get you the compensation you deserve.

We will fight for you every step of the way. Call 800-747-3733 for a free, no-obligation consultation.